Appointment of an Emergency Arbitrator

A party in need of urgent interim measures of protection that cannot await the constitution of an arbitral tribunal may apply for the appointment of an Emergency Arbitrator, unless the parties have opted out of the application of the Emergency Arbitrator provisions.

Applying for the appointment of an Emergency Arbitrator and handling of the application in brief

The Emergency Arbitrator proceedings are commenced by the applicant submitting a written application to the FAI and by paying the Application Deposit of EUR 25 000.
The application may be made either before or after the commencement of the arbitration. However, the application shall be submitted to the FAI prior to the transmission of the case file to the arbitral tribunal pursuant to Article 25 of the FAI rules or Article 24 of the expedited rules. Failure to comply with this time limit shall result in the dismissal of the application by the FAI.
Where the application is submitted to the FAI before the Request for Arbitration, the FAI shall terminate the Emergency Arbitrator proceedings if the Request for Arbitration is not submitted within 10 days from the date of receipt of the application by the FAI. In exceptional circumstances, the FAI may extend this time limit upon a reasoned request of a party or the Emergency Arbitrator.
If the FAI determines that it should accept the application, it shall transmit the application and the attached documents to the respondent once the applicant has paid the Application Deposit and provided any copies that may have been requested in accordance with Article 2.1 of the FAI rules.
The FAI aims to appoint the Emergency Arbitrator within two (2) days after receipt of both the application for the appointment of an Emergency Arbitrator and the Application Deposit.
Once the Emergency Arbitrator has been appointed, the FAI shall notify the parties of the appointment and transmit the application, together with any other documents that the FAI may have received from the parties, to the Emergency Arbitrator. After that, all written communications from the parties shall be submitted directly to the Emergency Arbitrator, with a simultaneous copy to the other party.
FAI recommends that parties contemplating the filing of an application for the appointment of an Emergency Arbitrator acquaint themselves carefully with the provisions of Appendix III to the FAI rules concerning the Emergency Arbitrator proceedings.
Please notify the FAI Secretariat before filing an application for the appointment of an Emergency Arbitrator.

The application for the appointment of an Emergency Arbitrator shall contain the following information

The name and contact details of the parties and of their counsel or other representatives;
identification of and, where possible, a copy of the arbitration agreement under which the dispute is to be settled;
identification of any contract, other legal instrument or relationship out of or in relation to which the dispute arises;
a brief description of the circumstances giving rise to the application and of the underlying dispute referred or to be referred to arbitration;
a statement of the relief sought from the Emergency Arbitrator;
the reasons why the applicant needs urgent interim measures of protection that cannot await the constitution of an arbitral tribunal;
any agreement as to the seat of arbitration, the law or rules of law applicable to the substance of the dispute, or the language of the arbitration; and
proof of payment of the Application Deposit referred to in Article 4 of Appendix III to the FAI rules.

Please also include the following information

The applicant’s VAT number, if the applicant is registered for VAT; and
email address and mobile telephone number of a legal representative of the respondent.

The application may also include other information or documents, which contribute to the expedient handling of the application at the FAI.

Payment of the Application Deposit

In connection with filing an application for the appointment of an Emergency Arbitrator with the FAI, the applicant must pay an Application Deposit of EUR 25 000. The Application Deposit consist of EUR 5 000 for the Administrative
Fee and expenses of the FAI and EUR 20 000 for the fee and expenses of the
Emergency Arbitrator.

Please find our bank account details here.

When making the payment, please indicate the parties to the dispute and reference “Application Deposit for Emergency Arbitrator proceedings” in the message field.

Language of the application

The application shall be submitted in the language of the arbitration as agreed by the parties. Failing such agreement, the application shall be submitted in the language of the arbitration agreement.

Filing the application with the FAI

Please see our instructions on how to deliver documents to the FAI.

Notifying the FAI Secretariat before filing an application for the appointment of an Emergency Arbitrator

Please notify the FAI Secretariat before filing an application for the appointment of an Emergency Arbitrator. Please find the contact information of the FAI Secretariat here.